Sleep apnea decisions — 2007

The veteran's appeal is being remanded for additional development of the claims file, including obtaining missing evidence and clarifying the type of hearing he desires before the Board.

The VA denied an increased evaluation for the veteran's post-operative residuals, removal of recurrent dermatofibrosarcoma of the right leg with some muscle loss. The evidence did not meet the criteria for a higher rating under Diagnostic Code 5311.

The veteran died in March 2006 and was rated as totally disabled due to service-connected disabilities from June 10, 1997. However, the veteran did not meet the legal requirements for DIC benefits under 38 U.S.C.A. § 1318.

The Board denied the veteran's claims for increased evaluations for his left knee patellofemoral syndrome and lumbosacral strain, finding that the evidence did not support an evaluation in excess of 10 percent. The headaches claim was also denied as there is no compensable rating available under VA regulations.

The veteran's service-connected lumbosacral strain and hypertension were found to not warrant higher disability evaluations.

The Board has determined that a remand is necessary to obtain additional medical examinations and opinions regarding the veteran's service-connected sinusitis and its impact on his other claimed disabilities.

The Board has determined that the veteran's major depressive disorder, lumbosacral strain, and tinea versicolor are not service-connected or related to service-connected conditions.

The Board denied service connection for a bilateral knee disorder and the claim for an increased rating of degenerative disc disease of the lumbosacral spine, as there was no evidence linking these conditions to service.

The veteran's minor children are receiving additional VA compensation for his service-connected disabilities. The veteran is not reasonably discharging his responsibility to support his minor children, and a general apportionment of the veteran's VA disability compensation in the amount of the additional disability compensation he receives for his minor children from November 29, 2002 is granted.

The VA determined that the veteran's DDD with residuals of lumbosacral strain did not warrant a rating in excess of 20 percent prior to September 13, 2006. After this date, it also found no basis for an increased rating.

The veteran's low back disorder is rated at 60 percent effective July 1, 2001. The claim for gastritis was granted with a 10 percent initial evaluation effective January 14, 2002. TDIU was granted effective April 13, 2004.

The Board has denied the veteran's claim for an increased rating for her service-connected degenerative disc disease of the lumbosacral spine, currently evaluated at 40 percent.

The veteran's low back disability is currently rated at 40 percent for the period beginning June 8, 2007. The RO has granted a higher rating than previously assigned.

The VA has determined that the veteran's degenerative disc disease of the lumbosacral spine warrants a rating of 40 percent, which is already the maximum schedular rating available under current criteria.

The Board has determined that new and material evidence has been submitted to reopen the claim of service connection for retinitis pigmentosa. However, the evidence does not establish that RP was incurred or aggravated during service.

The Board denied the veteran's claim for an effective date prior to October 6, 2003 for service connection of degenerative disc disease, lumbosacral spine L5-S1. The decision found that the earliest date of receipt of a reopened claim was October 6, 2003, and thus no earlier effective date could be assigned.

The Board denied an evaluation in excess of 10 percent for coccyx contusion and denied service connection for lumbosacral disc disease. The veteran's appeal is pending on the issue of service connection for lumbosacral disc disease.

The Board has granted service connection for FSHD, finding that the veteran's condition may have been triggered by a superimposed injury during service. The claim of lumbosacral strain is denied as there was no documented back injury in service.

The veteran's claim for an increased evaluation of his service-connected degenerative joint disease of the lumbosacral spine is being remanded due to outstanding records and a need for a new VA examination.